Let us study divorce from the point of view of its utility. Divorce
offers an advantage in preventing marriage from being regarded as an
endless chain, a crushing yoke, or a prison deliberately chosen as a
livelihood. It means, in fact, that people need not be tightly bound
together who cannot bear so to live; it would put an end to what is
sometimes extreme mental suffering, abolish dangers which sometimes
lead to murder; in a word, it means escape from “the sentimental and
emotional results of the indissolubility of marriage.”
The termination of miserable “marriages of convenience” would ensure for
many a new life, the production of healthier children under normal
conditions; from the social point of view, it would increase the value
of the man and the woman.
How many live together for long years who are strangers to each other in
body and soul! How many slaves of marriage there are, whose union is
unnatural, childless, and made hideous by mutual hatred!
Why should one see, in the name of a religious principle,
these infernos--whose tortures are as varied as they are
crushing--perpetuated? Why should not reason, individual rights, be
allowed to correct ill-chance, false calculations, and disappointed
hopes?
Why should a woman, who no longer finds in her husband the moral support
she needs, submit to the horrors of a long agony without defence, of
perpetual strife in which she is miserably vanquished; on the other
hand, why should the man who does not find in his wife the
companion--or even the slave--he desired, see the way to happiness
closed to him for ever?
Marriage is based on a contract. Every contract can be rectified,
modified, or broken. In a compact, there must be mutual agreement; from
the moment when the agreement ceases to be respected by either of the
parties, it is naturally dissolved.
Before the establishment of divorce the husband and wife who lived on
bad terms had to endure suffering worse than death, for nothing, I
repeat, is to be compared with the torment of being tied, body and soul,
in hatred, contempt, or even merely in indifference.
Public-domain text, read in full here on John Shaqi.
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